Criminal Law: Stalking Offenses
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Questions and Answers

What is the classification of the crime of stalking if the person has previously pleaded guilty to or been found guilty of a violation of this section?

  • Class E felony
  • Class A misdemeanor
  • Class C felony
  • Class D felony (correct)

    • Under what circumstances can a law enforcement officer arrest a person without a warrant?

  • When the officer has probable cause to believe the person has violated the provisions of this section (correct)
  • When the person has violated a federal law
  • When the person has been convicted of stalking
  • When the person is a repeat offender

    • What is the classification of the crime of aggravated stalking if the person has not previously pleaded guilty to or been found guilty of a violation of this section?

  • Class A misdemeanor
  • Class D felony (correct)
  • Class C felony
  • Class E felony

    • Which of the following activities is exempt from the provisions of this section?

    <p>Federal investigations</p> Signup and view all the answers

    What is the classification of the crime of aggravated stalking if the person has previously pleaded guilty to or been found guilty of a violation of this section?

    <p>Class C felony</p> Signup and view all the answers

    What is the classification of the crime of stalking if the person has not previously pleaded guilty to or been found guilty of a violation of this section?

    <p>Class A misdemeanor</p> Signup and view all the answers

    What is the main requirement for a person to be guilty of stalking in the second degree?

    <p>Following someone with the intent to disturb them</p> Signup and view all the answers

    Which type of officers are exempt from the stalking in the second degree law?

    <p>Both federal and state law enforcement officers</p> Signup and view all the answers

    What happens if a person is found guilty of stalking in the second degree and has a prior conviction?

    <p>The crime is upgraded to a felony</p> Signup and view all the answers

    What is the minimum requirement for an officer to arrest someone for stalking in the second degree?

    <p>Probable cause</p> Signup and view all the answers

    What is the punishment for interstate stalking?

    <p>As provided in section 2261 (b)</p> Signup and view all the answers

    What is the requirement for interstate domestic violence?

    <p>Traveling in interstate or foreign commerce with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner</p> Signup and view all the answers

    What is the punishment for interstate violation of a protection order?

    <p>As provided in section 2262 (b)</p> Signup and view all the answers

    What is the main aspect of interstate stalking?

    <p>Engaging in conduct that places someone in reasonable fear</p> Signup and view all the answers

    What is the requirement for law enforcement officers to make an arrest for stalking in the second degree?

    <p>Probable cause</p> Signup and view all the answers

    What is the consequence of violating a protection order in another jurisdiction?

    <p>As provided in section 2262 (b)</p> Signup and view all the answers

    What is the consequence of causing another person to travel in interstate or foreign commerce by force, coercion, duress, or fraud and engaging in conduct that violates a protection order?

    <p>The person shall be punished as provided in subsection (b).</p> Signup and view all the answers

    What is a requirement for a court order to restrain a person from harassing, stalking, or threatening an intimate partner?

    <p>The order must be issued after a hearing of which the person received actual notice and had an opportunity to participate.</p> Signup and view all the answers

    What is the consequence of possessing a firearm while subject to a protection order?

    <p>The person shall be unlawful to possess a firearm.</p> Signup and view all the answers

    What is the definition of 'full faith and credit' in relation to foreign orders of protection?

    <p>Giving full recognition and enforcement to foreign orders of protection throughout the state.</p> Signup and view all the answers

    What is required to register a foreign order of protection in the circuit court?

    <p>All of the above.</p> Signup and view all the answers

    What is the consequence of being convicted of a misdemeanor crime of domestic violence?

    <p>The person is prohibited from shipping or transporting in interstate or foreign commerce any firearm or ammunition.</p> Signup and view all the answers

    What is the purpose of the statute 455.067?

    <p>To give full faith and credit to foreign orders of protection throughout the state.</p> Signup and view all the answers

    What is the requirement for a foreign order of protection to be enforced in the state?

    <p>The order must be given full faith and credit throughout the state.</p> Signup and view all the answers

    What is the consequence of engaging in conduct that violates a protection order?

    <p>The person shall be punished as provided in subsection (b).</p> Signup and view all the answers

    What is the requirement for a person entitled to protection under a foreign order of protection?

    <p>The person must register the foreign order of protection in the circuit court.</p> Signup and view all the answers

    What is a common misconception about same-gender domestic violence?

    <p>That it is mutual and involves both parties equally.</p> Signup and view all the answers

    What is a challenge faced by lesbian, bi, and gay survivors of domestic violence when seeking support?

    <p>All of the above.</p> Signup and view all the answers

    Why may elderly victims of abuse be hesitant to report the abuse?

    <p>All of the above.</p> Signup and view all the answers

    What is the definition of strangulation?

    <p>External force that restricts oxygen intake and blood flow to the brain.</p> Signup and view all the answers

    Why is strangulation a lethal form of domestic violence?

    <p>It can cause brain damage and death within minutes.</p> Signup and view all the answers

    What is a unique challenge faced by same-gender survivors of domestic violence in accessing support services?

    <p>All of the above.</p> Signup and view all the answers

    Why may elderly victims of abuse be reluctant to leave their abuser?

    <p>All of the above.</p> Signup and view all the answers

    What is a key factor in investigating strangulation cases?

    <p>The definition of strangulation and its distinction from choking.</p> Signup and view all the answers

    What is a common dynamic in same-gender domestic violence cases?

    <p>The myth that domestic violence is mutual and involves both parties equally.</p> Signup and view all the answers

    What is a unique challenge faced by elderly victims of abuse in seeking help?

    <p>All of the above.</p> Signup and view all the answers

    What happens if the court decides that a foreign order of protection is valid?

    <p>The court will give full faith and credit to the foreign order of protection throughout the state.</p> Signup and view all the answers

    How is the respondent notified of the court's order recognizing a foreign order of protection?

    <p>By certified mail, at their last known address, with a copy of the petition and foreign order of protection.</p> Signup and view all the answers

    Under what circumstances can the respondent move the court to modify or set aside its order recognizing a foreign order of protection?

    <p>At any time during the duration of the order.</p> Signup and view all the answers

    What is required for the respondent's motion to be heard?

    <p>A copy of the motion and a summons indicating a date and time certain for the hearing.</p> Signup and view all the answers

    What is the standard of proof required for the respondent to sustain their motion?

    <p>Clear and convincing evidence.</p> Signup and view all the answers

    When are law enforcement officers immune from liability in civil actions alleging false arrest, false imprisonment, or malicious prosecution?

    <p>When they act in good faith reliance on this section.</p> Signup and view all the answers

    What is a circumstance in which a law enforcement officer is not immune from liability?

    <p>When they fail to protect a victim.</p> Signup and view all the answers

    What is an important aspect of an officer's investigation and report concerning domestic violence?

    <p>The reason for response and time of dispatch and response.</p> Signup and view all the answers

    What is a key interview technique to consider during a domestic disturbance?

    <p>Being persistent and asking follow-up questions.</p> Signup and view all the answers

    What is the purpose of the guidelines for law enforcement responses to domestic violence calls?

    <p>To ensure the safety of the victim and prevent further violence.</p> Signup and view all the answers

    Who is exempt from reporting any circumstances that may reasonably be expected to be the result of, or result in, abuse or neglect of an eligible adult?

    <p>A duly ordained minister, clergy, religious worker, or Christian Science practitioner</p> Signup and view all the answers

    What is the penalty for failing to report as required under subdivision (2) of subsection 1 of this section?

    <p>A class A misdemeanor</p> Signup and view all the answers

    What is the role of the Missouri Department of Health and Senior Services (DHSS)?

    <p>To investigate abuse, neglect, and exploitation of vulnerable individuals</p> Signup and view all the answers

    What is the purpose of the Missouri Adult Abuse and Neglect Hotline?

    <p>To respond to reports of abuse, neglect, and financial exploitation</p> Signup and view all the answers

    Who can report to the department if they become aware of circumstances that may reasonably be expected to be the result of, or result in, abuse or neglect of an eligible adult?

    <p>Any person who becomes aware of such circumstances</p> Signup and view all the answers

    What is the phone number of the Missouri Adult Abuse and Neglect Hotline?

    <p>800-392-0210</p> Signup and view all the answers

    What percentage of victims may experience voice change due to strangulation?

    <p>Up to 50%</p> Signup and view all the answers

    What type of injuries may occur on the victim's chin due to instinctive reflexes?

    <p>Scrapes</p> Signup and view all the answers

    What is a common finding in non-fatal strangulation cases, especially in the eyes, gums, face, and neck?

    <p>Petechiae</p> Signup and view all the answers

    When questioning a strangulation victim, what aspect of the assault is important to ask about?

    <p>The number of times the victim was strangled</p> Signup and view all the answers

    What type of stalker profile involves a delusional belief in being loved by another person?

    <p>Erotomaniac</p> Signup and view all the answers

    What is essential to consider when investigating domestic violence cases?

    <p>Evidence-based prosecution</p> Signup and view all the answers

    What may victims experience due to strangulation, in addition to physical injuries?

    <p>All of the above</p> Signup and view all the answers

    What is crucial when investigating strangulation cases?

    <p>Medical evidence</p> Signup and view all the answers

    What is a common defensive maneuver by victims during a strangulation attempt?

    <p>Lowering the chin to protect the neck</p> Signup and view all the answers

    What should investigators consider when questioning a strangulation victim about their experience?

    <p>The method of strangulation</p> Signup and view all the answers

    What is the importance of a coordinated community response to domestic violence?

    <p>It raises the community's awareness and reshapes social norms around domestic violence</p> Signup and view all the answers

    Why is it important to interview children in cases of domestic violence?

    <p>Even if parents say they did not witness the event, they may still have valuable information</p> Signup and view all the answers

    What type of professionals are mandated reporters of elder abuse?

    <p>Various professionals, including healthcare workers, social workers, and clergy</p> Signup and view all the answers

    Why is it important to preserve recording devices in cases of domestic violence?

    <p>To gather evidence and preserve the victim's testimony</p> Signup and view all the answers

    What is the purpose of including future contact information in domestic violence investigations?

    <p>To ensure follow-up and continued support for the victim</p> Signup and view all the answers

    What is the importance of taking photos at the scene of domestic violence?

    <p>To document evidence and injuries</p> Signup and view all the answers

    Why is it important to include a thorough physical description of all people involved in domestic violence cases?

    <p>To ensure accurate identification and evidence</p> Signup and view all the answers

    What is the importance of interviewing close relatives and friends of the victim in domestic violence cases?

    <p>To gather additional information and evidence</p> Signup and view all the answers

    What is the purpose of including notes, letters, and text messages in domestic violence investigations?

    <p>To gather evidence and document communication patterns</p> Signup and view all the answers

    Why is it important to include verbal and non-verbal communication in domestic violence investigations?

    <p>To gather evidence and document communication patterns</p> Signup and view all the answers

    Study Notes

    Stalking and Domestic Violence

    • Stalking is a class A misdemeanor unless the person has previously pleaded guilty to or been found guilty of a violation of this section, in which case it is a class D felony.
    • Aggravated stalking is a class D felony unless the person has previously pleaded guilty to or been found guilty of a violation of this section, in which case it is a class C felony.

    Second Degree Stalking

    • A person commits the offense of stalking in the second degree if they purposely, through their course of conduct, disturb or follow with the intent to disturb another person.
    • The offense of stalking in the second degree is a class A misdemeanor, unless the defendant has previously been found guilty of a violation of this section or section 565.225, in which case it is a class E felony.

    Interstate Domestic Violence

    • Traveling in interstate or foreign commerce with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and committing or attempting to commit a crime of violence, is punishable as provided in subsection (b).
    • Conducting a course of conduct that places a person in reasonable fear of the death of or serious bodily injury to themselves, an immediate family member, or a spouse or intimate partner, or causing substantial emotional distress, is punishable as provided in subsection (b).

    Interstate Violation of a Protection Order

    • Traveling in interstate or foreign commerce with the intent to engage in conduct that violates a protection order, and subsequently engaging in such conduct, is punishable as provided in subsection (b).
    • Causing another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and engaging in conduct that violates a protection order, is punishable as provided in subsection (b).

    Possession of a Firearm While Subject to a Protection Order

    • It is unlawful for a person subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner or child, and includes a finding that they represent a credible threat to the physical safety of the intimate partner or child, to possess a firearm or ammunition.

    Possession of a Firearm After Conviction of Misdemeanor Crime of Domestic Violence

    • It is unlawful for a person who has been convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition.

    Full Faith and Credit

    • Any order of protection issued by another state, tribe, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, shall be given full faith and credit throughout the state in all courts, and by all law enforcement officials and agencies.

    Law Enforcement Response to Domestic Violence

    • Law enforcement officers have immunity from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution, when they act in good faith reliance on the domestic violence law.
    • Officers are not immune from liability for criminal violations or when they fail to act as directed by the law.

    Investigation and Reporting of Domestic Violence

    • An officer's investigation and report should include the reason for response, time of dispatch and response, details of the dispatch, time of incident, and description of the scene.
    • The report should also include the names and descriptions of all people involved, statements and excited utterances, protection order information, and elements of crimes.

    Interview Techniques

    • Be persistent and keep asking questions to get a complete picture of what happened.
    • Avoid leading questions and listen to evaluate what people tell you.
    • Be alert to nonverbal cues.

    Same-Gender Domestic Violence

    • Same-gender domestic violence may involve additional dynamics, such as the assumption of mutual abuse, lack of support from the community, and fear of being outed.
    • Victims may not know others who are lesbian, bi, or gay, and leaving the abuser could result in total isolation.

    Elder Abuse

    • Elder abuse may involve additional dynamics, such as physical or cognitive disabilities, dependence on the abuser, and fear of losing contact with other family members.
    • Victims may be unable to seek help or a safer situation due to these factors.

    Strangulation

    • Strangulation is a lethal form of domestic violence that can cause unconsciousness, brain death, and serious injury.
    • Recognition of signs and symptoms, including voice changes, visible injuries, petechiae, and redness or swelling, is crucial.
    • Questions to ask a strangulation victim should include the method of strangulation, duration, and any other details of the incident.

    Investigating Strangulation

    • Define the difference between strangulation and choking.
    • Recognize the signs and symptoms of strangulation.
    • Ask the victim questions about the incident, including the method of strangulation, duration, and any other details.
    • Look for injuries on the victim and suspect, and take photographs.### Profiles of Stalkers
    • Simple Obsessional: prior relationship; most common
    • Love Obsessional: knows through media; rare
    • Erotomaniac: delusional belief that they are loved by another; usually women; rare
    • False Victimization Syndrome: falsely reports being stalked; rare

    Investigative Considerations for Evidence-Based Prosecution of Domestic Violence Cases

    • Consider 911 calls and other recording devices and preserve the recordings
    • Interview children, even if parents say they did not witness any events
    • Interview all possible witnesses, including neighbors
    • Interview people the victim may have talked to about incidents, such as close relatives and friends
    • Get future contact information, such as an email address or relative
    • Obtain medical records with the victim's signature
    • Document names of individuals from responding fire, ambulance, and law enforcement
    • Take photos at the scene and follow-up photos of injuries
    • Include a thorough physical description of all people involved
    • Collect letters, notes, text messages, voice mails, etc.
    • Note verbal and non-verbal communication
    • Collect clothing, weapons, and physical evidence

    Coordinated Community Response to Domestic Violence

    • A coordinated community response is important to address the needs of all battered women
    • Raising community awareness and reshaping social norms condemning domestic violence and supporting battered women is critical for widespread and permanent changes

    Mandated Reporter Law and Penalty for Failing to Report Elder Abuse

    • The law requires certain professionals to report elder abuse immediately
    • Professionals include healthcare workers, social workers, law enforcement, and more
    • The penalty for failing to report is a class A misdemeanor

    Role of the Division of Health and Senior Services (DHSS)

    • Investigates abuse, neglect, and exploitation of vulnerable individuals 60 and older and people with disabilities between 18 and 59
    • Missouri Adult Abuse and Neglect Hotline: 800-392-0210 for reporting suspected abuse

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    This quiz covers the criminal offense of stalking, including penalties and classifications. Learn about the laws and regulations surrounding stalking.

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